SPOT Licence Agreement:
1. Meaning of Words
'CSIRO' means the Commonwealth Scientific and Industrial Research
Organisation of Limestone Avenue, Campbell, Australian Capital Territory,
Australia acting through its Division of Mathematical and Information
'Licence' means this licence agreement between You and CSIRO comprising
the terms that You accept by selecting the "I Agree" icon and submitting the
Registration to CSIRO.
'Software' means the evaluation version of the microarray image analysis
package known as "Spot", implemented as a package for the data analysis
'You' means you the user and licensee.
2. The Licence CSIRO grants to You
CSIRO grants You a non-exclusive and non-transferable right to use the
Software only in accordance with the terms of this Licence. CSIRO reserves
the right to refuse to license the Software to any person without giving reasons
for such refusal.
Software support will be your responsibility and CSIRO has no obligation to
provide you any assistance or bug fix support services in relation to the
This Licence is formed when You have clicked the "I Agree" icon.
3. What you must do to submit the Registration
You must select the "I Agree" icon at the end of this Licence to indicate your
agreement to the terms of the Licence.
If You are employed and intend using the Software in connection with your
employment duties then You should only accept this Licence if your
employer has authorised You to do so on its behalf. By accepting this
Licence You are warranting to CSIRO that You are authorised to do so on
behalf of your employer.
4. Use of names
You must not without written permission from CSIRO use the name, any
trademark or logo of CSIRO to claim any sponsorship, endorsement, approval
or affiliation or other association with CSIRO by virtue of this Licence.
You must recognise CSIRO’s ownership of the Software in any report, paper or
publication containing references to the Software or results generated by the
5. Proprietary rights
Title, ownership and intellectual property rights in the Software shall remain
with CSIRO. Nothing in this Licence grants to You ownership or intellectual
rights in the Software. You must not remove or alter any logo, copyright or
other proprietary notices, symbols or labels in the Software.
The Software is provided free of charge in consideration of You using it in
accordance with the terms of this Licence only.
7. Your rights to use the Software
You may only use the Software in strict accordance with the terms of this
You should operate the Software only with the minimum equipment
configuration and bandwidth requirements specified in the instructions on the
Unless you first have written consent from CSIRO, you must not:
(a) reverse engineer, decompile, disassemble or otherwise attempt to
discover the source code of the Software except to the extent you
may be expressly permitted to decompile under applicable law;
(b) adapt, extend, enhance or make any other improvements to the
(c) distribute, sell, sublicense or otherwise make the whole or part of the
Software available for use by a third party;
(d) allow the Software to be combined with or incorporated into other
(e) release the Software on the Internet or any other public
If you become aware that any other person wishes to use the Software, then
you should refer that person to URL http://spot.cmis.csiro.au/Spot
You must not remove, alter or otherwise interfere with any warning or
disclaimer statement affixed to, incorporated in or otherwise applied in
connection with the Software.
8. CSIRO limits its liability
You are responsible for ensuring the Software is suitable for your own use or
purpose, including compatibility with your computer programs or equipment.
You assume all risk for any loss or damage resulting directly or indirectly from
your downloading the Software into your equipment and from your use of or
inability to use the Software.
To the extent permitted by law, CSIRO excludes all liability for any loss or
damage (including direct, indirect, special or consequential loss or damage)
arising from your use of the Software or otherwise in connection with this
Where any statute or law implies warranties or conditions into this Licence,
which cannot be lawfully modified or excluded under this Licence (‘Non-
excludable Condition’) then this Licence will be read subject to such Non-
excludable Condition. Where such statute or law permits, CSIRO limits its
liability to You for breach of such Non-excludable Condition to re-supplying
9. CSIRO makes no representations
The Software is provided ‘as is’ and CSIRO disclaims any express or implied
warranties including, without limitation, any warranties or representations:
(a) that the Software is of merchantable quality, suitable for your use, or is
fit for any other purpose;
(b) that operation of the Software will be-uninterrupted or that the
Software is error-free;
(c) regarding the results of any use of the Software;
(d) as to the accuracy, reliability or content of any data, information,
service or goods obtained through any use of the of the Software;
(e) as to the accuracy, reliability or content of any Internet sites
addressed by the URLs in the database forming part of the Software; or
(f) that the use of the Software will not infringe the intellectual property
rights of a third party.
10. The end of the Licence
CSIRO may terminate this Licence:
(a) immediately if you breach any of the Licence terms; or
(b) by giving you 30 days notice in writing.
On termination, all Your rights to use the Software cease and you must
destroy all copies of the Software in your possession.
11. Resolving disputes
In any dispute arising out of or in connection with this Licence, You agree to
first negotiate in good faith with a senior CSIRO officer to resolve it. If the
dispute is not resolved by those negotiations within 30 days, You agree that
the matter may be referred to the Australian Commercial Dispute Centre
Limited ('ACDC') for resolution by mediation and if necessary by arbitration in
accordance with the Conciliation Rules of the ACDC.
12. Entire agreement
This Licence records the entire agreement between CSIRO and you and
supersedes all earlier agreements and representations that may have been
made by CSIRO to you about the Software.
All international conventions that might import contractual terms into this
Licence are excluded, including the United Nations Convention on Contracts
for the International Sale of Goods.
CSIRO may at any time and from time to time give 30 days written notice of
its intention to vary the terms of the Licence. If it does so, the variation
specified will become effective on expiry of the notice period.
13. The governing law
This contract is governed by and construed in accordance with the laws of
New South Wales, Australia. View printable Licence in PDF format
By pressing the accept button the user acknowledges that they have read and
agree to the terms and conditions of the evaluation licence agreement.
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